Medical malpractice is a legal cause of action that arises from a medical or health care provider deviates from the standards of care that have been established for that profession which causes an injury to a patient. As a broad rule, liability occurs when a health care practitioner fails to demonstrate a reasonable and competent degree and skill when providing medical care to a patient.
Failure to Warn
The issue of informed consent can arise when a patient is not adequately informed or warned about the risk of a medicine, device or procedure before agreeing to it.
Medical Malpractice Law State to State
Laws across the country vary. Defendants may include physicians, surgeons, psychiatrists, dentists, PAs or physician assistants, nurse practitioners, nurses or allied health professionals such as physiotherapists, osteopaths, chiropractors, podiatrists, therapists, social workers, psychologists, pharmacists, optometrists and medical radiation practitioners.
Among the acts or omissions that could support a medical malpractice claim include a failure to timely diagnose and properly treat, by physicians or other medical care providers including hospitals and nursing homes.
Pursing a Medical Malpractice Claim
When the injury that occurred was a result of someone else’s negligence, then the law prescribes remedies for the victims in recovering their damages for medical care costs (past and future), lost wages (past and future), pain, psychological support, loss of consortium and loss of enjoyment of life.
However, the burden of proof rests with the plaintiff and an experienced legal advocate is critical to successfully pursue a claim for full compensation. Our firm treats its clients like family. On our legal team are leading malpractice attorneys across the country combined with Dr. Vigna’s medical expertise and full scope of medical knowledge concerning current and future medical care necessary for a pathway to recovery.
We rigorously investigate the case, filing a lawsuit, developing the evidence, discovery of documents, employing top experts in their fields, taking of sworn depositions, mediation, and if necessary, a trial in a court of law.
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